K-1 Visa

[Illiria 980]

16 minutes ago, Dara Ahmad said:

Just to uscis I think.

I haven't told him yet illiria 😔 Yes u are right. I tries to fix something alone. I really have no idea to tell him. Cos he is emotionally person. N this month he will visit me again. I was planning to tell him face to face. Before I do my medical exam. It will hurt him so much I know. 

Oh dear, to be honest you hiding it and trying to ‘fix’ it without telling him may have hurt him more than just telling him straight away when you found out.

 

Don’t do the medical its a waste of money now, tell him immediately, he can then send the letters, and then he can get the new petition sent as soon as possible minimizing the delay as much as possible. 

 

You submitted a fraudulent document and lied on a form where you stated you were divorced when you were not, there is no garuntee you won’t be given a lifetime ban. They might not accept that you didn’t know it was a fraudulent document, you can only submit the withdrawal letter explaining what happened and hope they look on it favorably.

[Illiria 980]

7 minutes ago, Dara Ahmad said:

To all thank u soo much for all answers. I got what I have to do then. It sound hurt me so much really. But u all are right nothing we can do but withdrew the petition. I am sorry if I was little bit stubborn about this. Cos I still wish the embassy will approve my visa n k2 😔

I get that I really do, but you don’t want your new life to start with a bunch of lies and to have the potential for it to come back and haunt you. Immigration can take away everything they have awarded you up to and including citizenship if they discover that it was built on an initial fraudulent act like getting the petition approved when it shouldn’t have been. It isn’t worth it.

 

Wishing you the best

Edited December 2, 2017 by Illiria
Autocorrect

[Lovely angel 0]

22 minutes ago, Illiria said:

Oh dear, to be honest you hiding it and trying to ‘fix’ it without telling him may have hurt him more than just telling him straight away when you found out.

 

Don’t do the medical its a waste of money now, tell him immediately, he can then send the letters, and then he can get the new petition sent as soon as possible minimizing the delay as much as possible. 

 

You submitted a fraudulent document and lied on a form where you stated you were divorced when you were not, there is no garuntee you won’t be given a lifetime ban. They might not accept that you didn’t know it was a fraudulent document, you can only submit the withdrawal letter explaining what happened and hope they look on it favorably.

I told my fiancé how many time how if our petition is denied by USCIS or NVC or embassy? N he said he will marry me n submit CR-1. 

If fiancé send letter to USCIS about this. Better we cancel this petition or submit CR-1 soon n let the k-1 petition expired by the time? 

[Illiria 980]

13 hours ago, Dara Ahmad said:

I told my fiancé how many time how if our petition is denied by USCIS or NVC or embassy? N he said he will marry me n submit CR-1. 

If fiancé send letter to USCIS about this. Better we cancel this petition or submit CR-1 soon n let the k-1 petition expired by the time? 

I would suggest withdrawing the petition and then submitting the cr1, that way you won’t run the risk of an open petition delaying the CR1

[capavasi 11]

On 12/1/2017 at 8:24 PM, Dara Ahmad said:

I told my fiancé how many time how if our petition is denied by USCIS or NVC or embassy? N he said he will marry me n submit CR-1. 

If fiancé send letter to USCIS about this. Better we cancel this petition or submit CR-1 soon n let the k-1 petition expired by the time? 

I believe withdrawing your k-1 petition and getting married instead could very likely be considered visa fraud as you already had the intention of getting married and are trying to evade the original k-1 process for whatever reason.

 

which can lead to a life time ban from the USA.

Edited December 4, 2017 by capavasi

[Boiler 46,322]

6 minutes ago, capavasi said:

I believe withdrawing your k-1 petition and getting married instead could very likely be considered visa fraud as you already had the intention of getting married and are trying to evade the original k-1 process for whatever reason.

 

which can lead to a life time ban from the USA.

nope

[capavasi 11]

Just now, Boiler said:

nope

Seriously?! 

Because in October my fiancé and I went to a lawyer and he said it would be visa fraud if we canceled our k-1 and got married instead?!

[N-o-l-a 7,168]

2 minutes ago, capavasi said:

Seriously?! 

Because in October my fiancé and I went to a lawyer and he said it would be visa fraud if we canceled our k-1 and got married instead?!

 

What lawyer told you this?  LOL!  People do this all the time.  We did this.

Not to mention that OP would be committing visa fraud by not withdrawing their petition.  Did you read the thread at all?

[capavasi 11]

Just now, N-o-l-a said:

 

What lawyer told you this?  LOL!  People do this all the time.  We did this.

Please tell me you’re kididng... An immigration lawyer in SLC. oh my god

suddenly us being in Montreal with my interview in 3 days seems like a waste of money.. 

[Boiler 46,322]

Why would it be fraud? Makes no sense.

[N-o-l-a 7,168]

Just now, capavasi said:

Please tell me you’re kididng... An immigration lawyer in SLC. oh my god

suddenly us being in Montreal with my interview in 3 days seems like a waste of money.. 

 

Did you do something like enter the US with the intention of getting married on a tourist visa and then adjusting status?  Or was it a thought you had after entering, a spur of the moment decision as you will?  The only fraud would be in the intention to marry and adjust on a tourist visa, etc.

 

Otherwise, I worry about that lawyer.

[capavasi 11]

2 minutes ago, N-o-l-a said:

 

Did you do something like enter the US with the intention of getting married on a tourist visa and then adjusting status?  Or was it a thought you had after entering, a spur of the moment decision as you will?  The only fraud would be in the intention to marry and adjust on a tourist visa, etc.

 

Otherwise, I worry about that lawyer.

Applied for the k-1 and then entered the US about a month later visiting on a b2 tourist visa for 6 months. 

Maybe it was my specific case that would be considered visa fraud?! I’m not entirely sure. 

[Lovely angel 0]

Can anyone tell me pls. After we withdrawed the petition. How long we have to wait to submit the new one ( fiancé visa or spouse visa) ?? 

[N-o-l-a 7,168]

22 minutes ago, capavasi said:

Applied for the k-1 and then entered the US about a month later visiting on a b2 tourist visa for 6 months. 

Maybe it was my specific case that would be considered visa fraud?! I’m not entirely sure. 

He might have wanted to spare you the inquiry into your intentions with the B2 visa.  That is kind of a separate issue, but as long as it was not your plan all along to use the B2 to circumvent the K1, it would have been legal to marry and adjust status.

 

19 minutes ago, Dara Ahmad said:

Can anyone tell me pls. After we withdrawed the petition. How long we have to wait to submit the new one ( fiancé visa or spouse visa) ?? 

 

Technically you could do it immediately, but I'd give it a few weeks to process.  USCIS stateside will likely get your new application before they officially deny the previous one (which can take months), so you'll need to attach a letter to explain the situation.

[capavasi 11]

16 minutes ago, N-o-l-a said:

He might have wanted to spare you the inquiry into your intentions with the B2 visa.  That is kind of a separate issue, but as long as it was not your plan all along to use the B2 to circumvent the K1, it would have been legal to marry and adjust status.

 

 

Technically you could do it immediately, but I'd give it a few weeks to process.  USCIS stateside will likely get your new application before they officially deny the previous one (which can take months), so you'll need to attach a letter to explain the situation.

Wow, I wish I knew this before my visa expired and I had to come back to Canada lol. Thank you for the info!